Birbahadur Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68723 of 2019 Arising Out of PS. Case No.-592 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== BIRBAHADUR MAHTO Son of Sukhdev Mahto Resident of Village - Nakti Paterwa, P.S.- Jagdishpur (Nautan), Distt.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aditya Nath Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nautan (Jagdishpur) P.S. Case No. 592 of 2018 for the offence registered under Sections 447, 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the members of the prosecution party and as far as the petitioner is concerned, he is stated to have assaulted Kuldeep Mandal i.e. the informant by bamboo causing injury on his person.

The learned counsel for the petitioner has submitted that the petitioner had earlier moved before this Court for grant of bail, however, his petition for grant of regular bail was

Patna High Court CR. MISC. No.68723 of 2019(2) dt.18-12-2019 2/2 withdrawn with liberty to move after six months. It is further submitted that the injury report of the injured person, namely, Kuldeep Mandal would demonstrate that except one injury, all injuries are simple and the said one injury which is stated to be grievous, has been inflicted on the left wrist and hand. Lastly, it is submitted that the petitioner is languishing in custody since 02.01.2019.

Having regard to the facts and circumstances of the case as also considering the earlier observation of this Court, granting liberty to the petitioner to renew the prayer for bail after six months apart from the fact that the injury inflicted by the petitioner is on non-vital part qua the injured person, I deem it fit and proper to enlarge the petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah in connection with Nautan (Jagdishpur) P.S. Case No. 592 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T